1 Urban Escape
1.1 The Spa named overleaf is operated by Bryant Park Hospitality UK Limited ("the Proprietor") whose registered office is at Bryant Park Hospitality UK Limited, Queens Court, 9/17 Eastern Road, Romford, Essex RM1 3NG, Company Registration Number 1958053.
1.2 All joining fees, subscriptions and other receipts shall become the property of the Proprietor. On cancellation or termination of membership no refund will be made to the member of any part of the initial joining fee or monthly membership payments.
1.3 It is a condition of acceptance of membership that the member agrees to pay the initial subscription fee and agrees to be bound by the terms of these rules.
2.1 The annual subscription fee must either be paid by the member in full on acceptance by the Proprietor of an application for membership or by twelve months equal instalments payable by direct debit to the Proprietor's bank from the members' bank.
2.2 The Proprietor reserves the right to specify or amend (where reasonably necessary) the method by which monthly membership fees shall be paid e.g. by bankers standing order or direct debit.
3.1 The Proprietor reserves the right to reject within its reasonable discretion any application for membership of the spa. Applications may be rejected where for example the applicant owes money to the Proprietor, or has behaved in an unacceptable way on the Proprietor's premises.
3.2 Membership is personal to the member at the location for which membership is granted and cannot be transferred. A member may not loan his/her membership card or permit it to be used by anyone else. The Proprietor may assign the benefit of this agreement to any person, firm or company at any time upon giving at least 30 days prior written notice to the member.
3.3 The spa offers the following types of membership:
3.3.1 Individual Membership
Available to individuals of at least 16 years of age. An individual member is entitled to full use of all standard spa facilities during opening hours.
3.3.2 Joint Membership
Available to couples who live at the same address and who are both at least 16 years of age. Joint members are each entitled to full use of all standard spa facilities during opening hours.
3.3.3 Corporate Membership
A corporate member is entitled to all privileges of individual membership. It is available only where at least six individuals from one organisation take up and maintain membership. The membership is non-transferable, except where the initial subscription fee and monthly membership fees are paid by one organisation, in which case the individual entitlement may be transferred at the nomination of the organisation, but the corporate membership shall not be transferable from one organisation to another. A Small charge of not more than £30 will be made for transferring memberships, as displayed from time to time on the notice board.
3.3.4 Off-Peak Membership
Off-Peak membership is available either to individual or joint members who will be entitled to full use of standard spa facilities during limited hours only as displayed on the Spa notice board from time to time. Standard spa facilities do not include beauty therapy, tanning and bar/restaurant services, which are provided at an extra charge. Any other facilities, which attract an extra charge, will be displayed on the Spa notice board.
3.3.5 Spa Membership
Spa membership gives individual members access to the use of the standard spa facilities during opening hours plus use of a luxury spa gown and towel, 2 x 30 minute spa treatments per month from a selected choice (treatments change on a monthly basis) and a 25% off all pre-booked treatments from The Urban Rooms. Any other facilities which attract an extra charge communicated by the Spa manager, including beauty treatments, tanning and bar/restaurants services are not included.
4 Membership Duration
4.1 The minimum membership period is 12 months from the membership commencement date shown overleaf.
5.1 The initial subscription fee and the monthly membership fee set out overleaf shall be payable for each class of membership. The Spa management shall give at least 30 days written notice of any changes to monthly charges.
6.1 Every member shall be issued with a membership card. Members must swipe their card on each visit to the Spa - failure do so will mean that a member will not be allowed entry to the Spa. A nominal charge not exceeding £30 will be made for lost membership cards to cover the Proprietor's administration charges.
6.2 Members may use the facilities at any other leisure spa operated by the Proprietor up to four times per month, subject to available facilities at that spa, and provided the member shows his/her valid membership card.
7.1 The membership of any member may be terminated:
a) By the Proprietor:
1. Without notice if a member commits a serious or repeated breach of the Spa rules as set out in these terms and conditions or as displayed on the Spa's notice board from time to time;
2. By notice in writing (recorded delivery or by hand and acknowledged) if any payment owing to the Spa by the member remains unpaid 30 days after the due date for payment;
3. Upon not less than 30 days' notice in writing (recorded delivery or by hand and acknowledged) if the Proprietor reasonably suspects that the member is causing undue upset or inconvenience to other Spa members or the Proprietor's staff.
b) By the member:
1. The member may terminate membership by giving at least 30 days prior written notice (recorded delivery or by hand and acknowledged) following the expiry of the initial twelvemonth period (see above) to the Spa Manager. Should Membership fees will remain payable to the end of the notice period. It will be the member's responsibility to cancel any direct debits concerned.
2a. The member may also terminate membership if they are unable to use a spa because of a genuine and serious illness or injury that is likely to mean they cannot use a spa for a period of at least two calendar months. The member must provide reasonable professional evidence of the illness or injury, such as a doctor's certificate or letter from a hospital. The spa must receive the notice within two months of the injury or the illness starting and the membership will end from the date shown on the medical evidence provided or the date of the last visit to any of our spas, whichever is later.
2b. If the member is made redundant or lose their job in other circumstances and provides us with reasonable evidence, such as a letter from their employer or proof that they are receiving Jobseeker's Allowance. The spa must receive the notice
within two months of the date they lose their job and the membership will end of the date of the notice given to the spa or the date shown on the change of circumstances form, whichever is later.
If preferred, instead of ending the membership, the member may transfer their membership to another spa as long as they pay the membership fees, which apply, to the new home spa. In these circumstances, they will not have to pay the transfer fee.
If they end the membership during the 12-month initial commitment period as a result of any of the circumstances set out above in points 2 and 3, the spa will refund any membership fees they have already paid from:
The date of the medical evidence or the date of the last visit to any of the spas (for illness or injury), whichever is later; or
The date of the notice to end membership or the date shown on the change of circumstances form (for redundancy).
The member cannot end their membership in any other circumstances before the end of the 12-month initial commitment period. However, if they would like to end their membership early due to other reasons beyond their reasonable contract
8.1 Members who introduce guests to the Spa shall ensure that their guests complete a "guest pass" and pay the current guest fee as displayed on the Spa's notice board.
8.2 Guests must always be accompanied by the member introducing them who will then be responsible for their guests' actions whilst on the Spa premises.
8.3 No more than two guests may be introduced to the Spa at any one time by the same member. Prior approval may be granted by the management to admit extra guests.
8.4 Guests with a valid guest pass will have the same membership privileges as the member accompanying them.
8.5 The Spa management may reasonably refuse any guest entrance to the Spa. The guest charges and admission hours may vary from time to time, as displayed on the Spa's notice board.
9.1 Children under 16 years of age who are permanently resident in the household of a parent who is a Spa member and who is on a family tariff may use the Spa swimming pool and its facilities. Children must be accompanied by the adult member at all times who shall be responsible for the conduct and supervision of the child. The hours during which children may be admitted may vary from time to time as displayed as being “family friendly" by the Spa management to the members of the spa.
10.1 Appropriate dress must be worn at all times within the Spa. Trainers must be worn whilst using equipment within the gymnasium.
11.1 All reservations for services and/or programmes may be made by members up to one week in advance.
11.2 The management can refuse to rebook classes for a member who repeatedly cancels or fails to keep an appointment for services and/or programmes.
12 Conduct of Members
12.1 Members and guests are expected to behave in an orderly and lawful manner at all times whilst in the Spa. The member or their guest shall pay for any damage to Spa property caused by members 'or guests' negligence or misconduct.
12.2 No alcohol or food can be brought by members or guests into the Spa and smoking is strictly forbidden.
12.3 Members and their guests are requested to shower prior to entering the pool, whirlpool, steam or sauna areas, and again upon leaving the steam and sauna areas and before re-entering the pool or whirlpool.
12.4 Members or guests may not enter the Spa under the influence of alcohol or mind-altering drugs.
13 Disclaimer of Liability
13.1 Neither the Proprietor nor any company within the Bryant Park Hospitality UK Limited Group of Companies, or agents or employees of either shall be liable for any loss, damage or theft of personal property belonging to the member or any guest occurring on the Spa premises, except where the injury, death, loss, damage or theft is caused by negligence of the Proprietor, its employees or agents.
13.2 Members and/or guests are advised to undergo a medical examination prior to beginning a physical activity programme. Those with diabetes, heart disease, high or low blood pressure and pregnant women should consult with their doctor to check which Spa facilities should not be used.
14.1 Members must notify in writing to the Spa Manager any changes to their name, address or bank details.
14.2 The Spa management reserves the right to show potential members around the Spa and allow them to use the Spa's facilities on a trial basis from time to time.
14.3 The hours during which the Spa is open for use by members may change from time to time or for bank holidays, cleaning or decorating. Where possible, at least 14 days prior notice to changes to opening times will be given to members, although shorter or no notice may be given in emergencies.
14.4 The Spa management will use its reasonable endeavours to ensure that the Spa's facilities are in working order and available for use by members when the Spa is open, but there may be occasions when such facilities may either be out of order or not available for reasons beyond the reasonable control of the Proprietor. A member's entitlement to use of the Spa's facilities is therefore limited to those facilities, which are available for use at the time they wish to use the Spa.
14.5 The Spa management shall keep the Spa's notice board up to date and the member agrees to consult it regularly. Members who have difficulty reading the notice board should notify the Spa's management so that alternative notification procedures can be put into place.
14.6 Any dispute or difference that may arise in regard to the interpretation of these rules shall be dealt with at the discretion of the Proprietor.
14.7 The Proprietor reserves the right to vary, revoke or add to these rules from time to time within its reasonable discretion and upon giving 30 days prior notice to members.
14.8 The failure of the Proprietor or a member to enforce any of its rights at any time for any period shall not be construed as a waiver of such rights.
15 Suspending Membership
15.1 If a member is unable to use the Spa then they may suspend or "freeze" their membership for a nominal charge of £10.00 per month for an individual or £15.00 per month for joint membership. At least 30 days prior written notice (which must expire on the last day of the month before the period of suspension begins) must be given to the Spa Manager. The member may not use spa facilities during the period of suspension.
15.2 A membership may be suspended for a minimum of three months and up to a maximum of six months in any two-year period.
16 Interest and Fees
Interest shall be charged by Bryant Park Hospitality UK Limited at a rate of 8% and added to the members debt from the first day of the date of the unpaid membership fee, together with the debt recovery costs and court costs (if necessary on a recurring basis) incurred by Bryant Park Hospitality UK Limited as a result of the failure of the Member to make payment on time.
17 Entire Agreement
The member and Spa acknowledge that this Agreement supersedes and extinguishes all previous agreements and representations of, between or on behalf of the parties with respect to its subject matter. This Agreement contains all of the members and Spa's agreements, warranties, understandings, conditions, covenants, and representations with respect to its subject matter. Neither the Member nor Spa will be liable for any agreements, warranties, understandings, conditions, covenants, nor representations not expressly set forth or referenced in this Agreement. The Spa is deemed to have refused any different or additional provisions in purchase orders, invoices or similar documents, unless The Spa affirmatively accepts such provisions in writing, and such refused provisions will be unenforceable. This Agreement will be executed in the English language only. The member expressly waives any right it may have under the law(s) of its country of domicile to have this Agreement written in the official language(s) thereof.
18 Data Protection
Urban Escape and its operator (Bryant Park Hospitality UK) understands that your privacy is very important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits our spas and will only collect and use your personal information in ways that are described here, and in line with the 2018 General Data Protection Regulation (GDPR).
If, for any reason we need to use your information for any reasons not set out in this policy, we will contact you in advance for your permission and will not proceed without your say so.
We will only ever use your personal information to respond to an enquiry, to offer you a better experience on our websites or to let you know about information which we feel is of genuine interest to you based on your preferences (provided that we have your consent).
To make an enquiry regarding personal data, to request access to your information or to request your removal from our database please contact us by email: firstname.lastname@example.org
19 Variation of Terms and Conditions
The proprietor may vary these Terms and Conditions and if the Spa sends the Member or displays a revised version of these Terms and Conditions within the spa, together with a notice stating when such revised terms will come into force and if the member continues to make use of the Spa facilities after such date, then the Member will be deemed to have accepted such revised terms with effect from such date.
Amended 2nd August 2018